Brain Injury Lawyer in Santa Barbara
According to the Brain Injury Association of America, approximately 2.6 million people suffer some type of traumatic brain injury (TBI) every year in the US due to a stroke, tumor, trauma, or other illnesses. 52,000 of those patients die a result of TBI, and more than 5 million Americans with TBI require assistance in order to perform daily activities.
What is considered a traumatic brain injury?
Not all head injuries are traumatic brain injuries. Unlike acquired brain injury, which is usually the result of a tumor or a stroke, TBI is caused by external forces that cause the brain to move inside of the skull and hit the inner walls of the skull. This motion damages the brain and disrupts its normal functioning.
There are two types of TBI: closed TBI and open TBI. Closed TBI is when the skull has not been penetrated, but several areas of the brain have been damaged. This is referred to as diffuse axonal injury (DAI). Open TBI occurs when the skull has been penetrated and the damage is confined to a small area, such as when a bullet enters the brain after penetrating the skull.
TBI can range in severity from mild to moderate to severe.
Mild TBI typically occurs after losing consciousness for a few moments. It is usually temporary and leads to:
- Memory loss
- Nausea and/or vomiting
- Lack of coordination
- Ringing in the ears
- Excessive fatigue
Moderate TBI occurs when the person has lost consciousness for a minimum of 15 minutes but no longer than six hours. Moderate brain injury symptoms may seem similar to symptoms of mild TBI, but they last longer and can even get worse. The patient may lose their ability to walk, speak or perform other motor functions. Many patients with moderate TBI are able to fully recover their cognitive abilities after 12 months. However, they will face permanent, lifelong challenges that will require them and their families to adapt to a new way of living and coping.
Severe TBI leads to lifelong problems that affect thinking, learning, memory, coordination and balance, hearing, vision, and emotional regulation. In extreme cases, the victim may fall into a deep state of unconsciousness called a coma. If the victim regains consciousness, then they will have a long road to recovery ahead of them. Having a loved one fall into a coma is extremely stressful for family members and loved ones.
What causes brain injuries?
TBI occurs because of an external force disrupting the brain’s normal functioning. The source of the disruption could be an impact to the head or penetration through the skull. Some of the most common causes of TBI include:
Can you sue for brain injury?
If a traumatic brain injury was the result of another person’s or entity’s negligence, recklessness, misconduct, or intent, then the victim may be entitled to compensation from the liable party. Even if the victim is partially responsible for the accident that caused the TBI, they may still be able to recover damages. The spouse or family members of the injured victim can also bring a brain injury suit forward if the injured victim is unable to file the personal injury claim themselves due to their injury. Only a brain injury lawyer in Santa Barbara can advise you on what you should do in your specific situation.
Why Do You Need a Brain Injury Lawyer?
After a brain injury, your first priority is to seek medical attention. When you need legal advice or representation after a serious accident that has caused a brain injury, then contact our Santa Barbara personal injury attorneys at Maho Prentice, LLP to schedule your free case evaluation with us. Maho Prentice, LLP provides personalized legal services to victims of brain injuries due to another’s negligence or recklessness.
There are a few reasons why you should not delay seeking out the legal guidance of a brain injury attorney. First, there may be deadlines set by the insurance company within which injured victims must file a claim. If you or your loved one’s brain injury was caused by an accident, then you must report accidents within 24 to 48 hours, depending on the policy. Another reason why you should file your personal injury claim immediately is the statute of limitations. This is a legal deadline that is set in every state for personal injury claims. In the state of California, the statute of limitations for personal injury claims is two years. That does not necessarily mean that you should wait that long. If you file too close to the deadline, it may lapse before your case is even heard in court.
Maho Prentice, LLP is experienced in representing victims who have suffered brain injuries due to myriad types of accidents. We provide personalized and compassionate legal counsel in Santa Barbara and have been trusted by the people of Southern California for over 20 years.